WRIT PETITION (Criminal) NO. 167 OF 2012
Section 66A of the IT Act 2000, Article 19(1) of Indian Constitution and Section 118 (d0of the kerala Police Act.
In the year 2012, Shiv Shena leader Bal Thakererey died. There was a bandh declared by the Shiv Sena People in Maharashtra. Two girls Shaleen Dhada and were arrested by the Mumbai police in 2012 under Section 66A of Information Technology Act, 2000. This section punishes any person who sends through a computer resource or any communication device any information that is grossly offensive, or with the knowledge of its falsely, the information is transmitted for the purpose of causing annoyance, inconvenience, danger insult, hatred, or ill will. The writ petition was filed in Public Interest under Article 32 of the Constitution of India invoking Section 66A ,69 79 of the IT Act as infringing the fundamental right to speech and expression under Article 19(2).
1. Whether Section 66A and rules of the IT Act is constitutionally valid or not?
2. Whether Section 118(d) of the Kerala Police Act is valid or not?
India is a sovereign, democratic and republic country as stated in the preamble of the constitution. Democracy and liberty are one of the basic rights given in the constitution and no law can overrule it in order to maintain the supremacy of the constitution. The content of the Article 19 freedom to speech and expression has aspect Discussion, Advocacy, and Incitement and the state has no power to curtail this right in order to maintain the general public interest and if any law violates the public order is void or unconstitutional.
The test which checks the constitutionality of law is the answer to the question that it merely affects the individual or whole society. Section 66A has no reasonable standards to defining acts beyond the limits of act abiding in nature and hence it is vague and defined in nature and hence section 66A of the IT Act is to struck down in its entirely being violation of the Article 19(1)(a) and not saved under article 19 (2).
Section 69A cannot be said to be invalid for this very reason.
Section 66 A of IT Act and 118 (d) of the Kerala Police Act is struck down as being violative of Article 19.
Section 109 of the Indian Evidence Act and Section 138 of NI Act,1881 and Section 32(2)(A) of the 1954 Act